Clement, Bane & Co. v. Oceana Circuit Judge

In a foreclosure suit in chancery, under

chapter 247, 2 How. Stat., the relator, a corporation, obtained a decree against the mortgagors for the deficiency. Execution was issued and returned nulla bona. It then commenced proceedings under chapter 278, 2 How. Stat., entitled “Proceedings at Law in the Nature of a Judgment Creditor’s Bill.” The respondent held that this chapter applied only to judgments at law, and not to decrees in chancery. We think the court in error. In 5 Enc. Pl. & Prac. 489, it is stated that “it has been uniformly determined that such [ money ] decrees may be made the…